by Richard D. Lieberman, Consultant | Sep 22, 2020 | Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals, Contract Modification
Although the Armed Services Board of Contract Appeals (“ASBCA”) and the Postal Service Board of Contract Appeals (“PSBCA”) accepts appeals that are filed with the Contracting Officer (not the Board) within 90 days, the Civilian Board of Contract Appeals (“CBCA”)...
by Richard D. Lieberman, Consultant | Sep 15, 2020 | Claims and Remedies, Contract Administration Issues, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
The Federal Circuit recently discussed the requirements of a “differing site conditions” claim under the appropriate contract clause. U.S Army Corps of Engineers v. John C. Grimberg, Co., Inc., No. 2019-1608 (Fed. Cir, June 9, 2020). The question in the case was...
by Richard D. Lieberman, Consultant | Sep 8, 2020 | Proposals
Federal Acquisition Regulation (“FAR”) Subpart 6.3 deals with “Other Than Full and Open Competition” and identifies seven statutory authorities that permit contracting without providing for full and open competition. These are: Only one responsible source and no...
by Richard D. Lieberman, Consultant | Sep 1, 2020 | Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals, Proposals
It is frequently the case that a proposal is rejected or downgraded because it fails to follow the requirements of the solicitation. Then there are situations where the agency itself fails to follow its own solicitation, and excludes portions of a proposal that the...
by Richard D. Lieberman, Consultant | Aug 25, 2020 | Contract Administration Issues, Contract Pricing
The U.S. Code provides that “interest on a claim against the United States shall be allowed in a judgment of the U.S. Court of Federal Claims only under a contract or Act of congress expressly providing for payment thereof.” 28 U.S.C. § 2516(a). The FAR provides...
